Legal heir dispute

The properties involved are self-acquired intestate properties of your mother and father who have stated to have passed away in 2004.

You are professing Hinduism, it is presumed.

Being sole class 1 heir of your parents the properties shall devolve upon you and you only.

What is term used by you as "porcha"?

Property Tax has no relevance to transfer of property in the name(s) of legal representatives of deceased.

Your father inherited his share in the property from his mother after she is reported to have died intestate.

Now the legal heirs of your father's mother are claiming their respective share out of their mother's share in the property, which is legally valid and they have a right in it.

It will not be hit by law of limitation.

You inherit your mothers full share your grandmothers share is divided between her childrens you inherit your fathers share, defend in court they have ousted from family and have no right drag for 20 or more years in court engaging eminent adjourn advocates with full hope.

Since your mother and grand mother jointly bought the land and after demise of your grand mother intestated her

Property rights devolved to her all legal heirs  but your father muted his name without any relinquishment of other legal heirs so claim of other legal heir of your grand mother is legal and genuine it will be better if you settle the dispute amicably .

Dear Dr. J C Vashista,

2004 was when my (grandmother) i.e., fathers mothers passed away. So my father inherited mothers share in 2004 and mutated in 2008.  My mother and father then became owners or so l thought.

A Porcha or Record of Rights lists my father and mother, which makes sense as father mutated his name.   

So understanding was l inherited the property from my father and mother.   

But now a legal heir from my father side has appeared out of nowhere claiming a share.  My mother and father built the home and paid all the bills until they passed away.  Grandmother never lived there. 

So how it it possible that after 20 years this person can suddenly claim a share.  Surely there is a timelimit for claiming a land/property? 

Originally posted by : Dr. J C Vashista

The properties involved are self-acquired intestate properties of your mother and father who have stated to have passed away in 2004.You are professing Hinduism, it is presumed.Being sole class 1 heir of your parents the properties shall devolve upon you and you only.What is term used by you as "porcha"?Property Tax has no relevance to transfer of property in the name(s) of legal representatives of deceased.

Your father had no title deed. The property stood in the name of your mother and your grandmother.  Your grandmother died intestate, all the legal heirs of your grandmother have  equal right over the property of her share.  For you and if you have siblings, all are have a right in your father's share only.

Dear Advocate Bhartesh goyal

The Limitation Act, 1963, lays down a limitation period of 12 years for suit of possession of immovable property or any interest based on the title.

To put it simply, if a legal heir possesses the right to file a claim but neglects to do so within the specified limitation period, the court may dismiss the claim as time-barred.
 

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It has been 20 years since my grandmother passed.  Legal heir has no proof whatsoever.

Therefore this suggests l don't need to bargain with the legal heir and as such it appears l could go ahead and sell without consequences.  

Final opinions appreciated.

Since after death of  your grandmother her property rights devolved to her legal heirs  so any legal heir or aggrieved  legal heir can claim his share in deceased property at any time and seek partition by metes and bounds. No restrictions of limitation .

Claiming partition and a rightful share by the legal heirs or successors in interest is not barred by limitation hence the legal heirs can claim their rights in the property anytime.

Seek partition of the properties involved therein through a local prudent lawyer.